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Interests of Members of the Scottish Parliament Act 2006

Section 19: Interpretation

77.Section 19 contains definitions of terms used throughout the Act. Subsection (2) (a) clarifies that any references in the Act to the prejudice test should be interpreted by reference to the definition in section 3(2). Paragraph (b) similarly sets out that any references to a “written statement” should be interpreted in accordance with section 4.

78.Subsection (3) clarifies the point in time when a member is deemed to have registered an interest in the register. An interest is deemed to be registered when the member lodges the written statement with the Clerk for recording in the register, not when it is actually entered into the register. Likewise an interest will be deemed to be a registered interest until a written notice is lodged with the Clerk stating that the interest has ceased. Once that notice saying the interest has ceased has been lodged the member cannot then claim that the interest remains registered.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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